Which court has jurisdiction under Section 31(1) Food Safety Act?
Which court will have jurisdiction over matters under Section 31(1) of the Food Safety and Standards Act, 2006?
Special Courts are criminal courts with jurisdiction akin to Sessions Courts, and trials there have precedence. Public Prosecutors must be appointed for each Special Court. Where an offence is not triable by a Special Court, it may be tried summarily by a First Class/JMFC Magistrate. A Food Safety Officer’s report is forwarded by the DO to the Commissioner, and once sanctioned the DO files a complaint in the appropriate court. Appeals from FSAT orders go to the High Court (within 60 days). Appeals against Special Court convictions lie directly to the High Court prescribes filing within 45 days. Finally, aggrieved parties may approach the Supreme Court by special leave, though the Act itself does not create a separate FSSA appeal to the Supreme Court.
For penalty‐only contraventions, the Act creates a quasi‐judicial “adjudication” process. The AO holds an inquiry and, if it finds a contravention of the Act, imposes a monetary penalty. All proceedings before the AO have the powers of a civil court. Food Safety Appellate Tribunal (FSAT) hears appeals from all final orders of the Adjudicating Office. Its procedure is by natural justice principles; it has civil-court powers. Any person aggrieved by an FSAT order may appeal to the High Court within 60 days.
The Designated Officer powers are issuing, renewing or cancelling food‐business licences and seizing or prohibiting unsafe food. DOs handle initial enforcement of unlicensed business cases and other violations. Food Safety Officer (FSO) conduct inspections and collect samples. FSO must send analysis reports and recommended charges to the DO The FSO itself does not impose penalties, but serves as an investigating officer. Commissioner of Food Safety oversees enforcement in the State, issuing sanctions for prosecutions of serious contraventions; appointing DOs; and hearing appeals from DOs.
Under Section 31(1) of the Food Safety and Standards Act, 2006, licensing of food businesses is regulated. If there is a dispute or violation related to this section, the jurisdiction lies with the adjudicating officer appointed under the Act or the designated court, usually a Judicial Magistrate of First Class or Metropolitan Magistrate. Appeals can be made to the Food Safety Appellate Tribunal or the High Court. The specific jurisdiction depends on the nature of the violation and the applicable state rules.
Under Section 31(1) of the Food Safety and Standards Act, 2006, offenses are cognizable and non‐bailable. Consequently, jurisdiction lies with the criminal courts having territorial jurisdiction over the area where the offense occurred. Typically, this means that a Judicial Magistrate of the First Class or the Chief Judicial Magistrate, as designated under the Code of Criminal Procedure, 1973, will try such matters. In metropolitan areas, a Metropolitan Magistrate may exercise jurisdiction. The designation ensures that the prosecution must prove its case beyond a reasonable doubt, in line with constitutional due process principles.
The court of Adjudicating Officer of the District where the offense was committed will have jurisdiction over matters under Section 31(1) of the Food Safety and Standards Act, 2006. It is advised to consult an expert lawyer who will assist you to understand the nuances based on the nature of the offense and location. For further legal assistance contact us on our helpline number.
Related Questions
24x7 Help
If we fall short of your expectation in any way, let us know
Payment Trust
All refunds come with no questions asked guarantee
